When a big truck crashes into your car, most people think the truck driver is to blame. But what if the truck driver wasn’t at fault? This can turn everything upside down. You might feel confused about who will pay for your car, medical bills, and lost time from work.
Don’t worry. Even when the truck driver didn’t cause the crash, you still have ways to get help. This guide will walk you through everything you need to know. We’ll explain what happens next, who might pay, and how to protect your rights.
How Do We Know Who Caused The Accident?
Finding out who caused a truck accident takes careful detective work. It’s not always clear right away.
What Police Look For
Police officers arrive at the scene and start gathering clues. They look at:
- Where the damage is on each car
- Skid marks on the road
- What each driver says happened
- Traffic light patterns
- Road conditions
The police write a report with their best guess about what happened. But this report isn’t the final word. Insurance companies and lawyers can disagree with what the police think.
How Insurance Companies Decide
Insurance companies and courts assign fault using the idea of negligence, or a driver’s failure to exercise “duty of care.” Essentially, whichever party was more careless will be considered more at fault.
Insurance adjusters act like detectives too. They:
- Talk to everyone who was there
- Look at photos and videos
- Study the damage patterns
- Check traffic laws
- Review medical reports
When Multiple People Share Blame
Sometimes more than one person causes an accident. This is called “shared fault” or “comparative negligence.” For example:
- You might be speeding a little
- The truck driver might not signal properly
- Another car might run a red light
In Texas, assigning fault after a car accident or truck accident relies on the comparative negligence rule, which is also known as the modified comparative fault rule. This rule assigns a percentage of the fault to each party involved in the accident.
Each person gets a percentage of blame. If you’re 20% at fault and the truck driver is 80% at fault, you can still get money. But your payment will be reduced by your share of the blame.
When The Truck Driver Isn’t At Fault
There are many ways a truck crash can happen where the truck driver did nothing wrong.
Common Scenarios Where Others Are To Blame
Other Drivers Making Mistakes
- Cutting in front of trucks too quickly
- Running red lights or stop signs
- Driving drunk or texting
- Falling asleep at the wheel
Weather And Road Problems
- Ice making roads slippery
- Potholes causing drivers to swerve
- Poor road design
- Missing warning signs
Car Problems
- Brake failure in other cars
- Tire blowouts
- Steering problems
Truck Equipment Failures Even when truck parts break, the driver might not be at fault. Sometimes the blame goes to:
- The company that made the bad part
- The shop that didn’t fix it right
- The trucking company for poor maintenance
What This Means For Your Case
When the truck driver isn’t at fault, you need to find who is. This person or company should pay for your damages.
Who Might Be Responsible Instead
The Other Driver
If another car caused the crash, that driver’s insurance should pay. But sometimes:
- They don’t have insurance
- They don’t have enough insurance
- Their insurance company says no
The Trucking Company
Even when the truck driver didn’t make a mistake, the trucking company might still owe you money if:
- They didn’t maintain the truck properly
- They hired a driver with a bad record
- They forced the driver to work too many hours
- They didn’t train the driver well enough
A company’s poor policies, poor enforcement of policies, lack of maintenance, lack of training, and negligent hiring and oversight are all causes that can contribute to a company’s liability in a trucking accident.
Parts Manufacturers
Sometimes truck parts are made wrong or break when they shouldn’t. The companies that make these parts can be blamed for crashes.
Government Agencies
Bad roads, broken traffic lights, or missing signs can cause accidents. When this happens, the city, county, or state might have to pay.
What Happens To Your Insurance Claim
Filing With The At-Fault Driver’s Insurance
The driver who crashes into your vehicle is responsible for reporting the accident to their car insurance company. However, you may also want to contact their insurer because motorists who cause accidents are often reluctant to report them.
When someone else caused the crash, you file a claim with their insurance. This is called a “third-party claim.” You’re not their customer, so they don’t have to be nice to you.
The insurance company might:
- Pay your claim quickly
- Offer less money than you need
- Say their driver wasn’t at fault
- Take a long time to decide
Using Your Own Insurance
You can also file with your own insurance company. This might be faster and easier.
Collision Coverage If you have collision coverage, your insurance will pay to fix your car. You’ll pay your deductible first.
Uninsured Motorist Coverage If you have uninsured/underinsured motorist coverage, it will pay if the at-fault driver didn’t have insurance or enough insurance to pay your car repairs.
This helps when:
- The other driver has no insurance
- They don’t have enough insurance
- They drove away without stopping
When Insurance Companies Fight
Sometimes insurance companies disagree about who should pay. They might argue for months while you wait. This is called subrogation.
Your insurance might pay you first, then try to get the money back from the other company. You might get your deductible back if they succeed.
The Challenge Of Truck Accident Cases
Why Truck Cases Are Different
Truck accidents aren’t like regular car crashes. They’re more complicated because:
More Money Is Involved The Federal Motor Carrier Safety Administration (FMCSA) reports that the average cost of a commercial truck accident in which one person is injured amounts to $148,279. However, when a fatal trucking accident occurs, the cost skyrockets to a staggering average of $7.2 million per accident, according to the National Highway Traffic Safety Administration.
More Rules Apply Truck drivers must follow special federal rules from the U.S. Department of Transportation about:
- How many hours they can drive
- How much weight they can carry
- Regular truck inspections
- Drug and alcohol testing
More Parties Get Involved A truck accident case might involve:
- The truck driver
- The trucking company
- The company that loaded the truck
- The truck manufacturer
- Other drivers
- Insurance companies
Special Truck Accident Statistics
Rather than speculating, you can look at the results of a crash causation study conducted by the Federal Motor Carrier Safety Administration (FMCSA). Overall, the truck bore the blame for just over 55% of collisions with other vehicles.
This means trucks are at fault slightly more than half the time. But it also means that in 45% of crashes, someone else caused the problem.
In 2019, driver-related factors were present in 33% of fatal crashes involving large commercial truck drivers, as opposed to 53% involving passenger vehicle drivers.
Regular car drivers actually make more mistakes than truck drivers do.
Your Rights When You’re Not At Fault
What You Can Ask For
When someone else caused your accident, you can ask for money to cover:
Medical Bills
- Emergency room visits
- Doctor appointments
- Physical therapy
- Future medical care
- Prescription medicines
Lost Income
- Time off work for injuries
- Reduced earning ability
- Lost overtime opportunities
Property Damage
- Car repairs or replacement
- Personal items damaged in the crash
- Rental car while yours is being fixed
Pain And Suffering
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Permanent disabilities
Time Limits To Act
Every state has time limits for filing lawsuits. These are called “statutes of limitations.” According to Cornell Law School, these time limits vary by state and type of case. In Colorado, you typically have:
- 3 years for personal injury cases
- 3 years for wrongful death cases
- 3 years for property damage
Don’t wait too long. Evidence can disappear, and witnesses forget what happened.
When To Get A Lawyer
Signs You Need Legal Help
You should consider hiring a Colorado personal injury law firm when:
- You were seriously hurt
- The insurance company denies your claim
- They offer much less than your bills
- Multiple parties were involved
- The other driver has no insurance
- You’re getting different stories from different companies
What A Truck Accident Lawyer Does
A good Denver truck accident lawyer will:
Investigate The Crash
- Study the accident scene
- Talk to witnesses
- Review police reports
- Hire accident reconstruction experts
- Examine the truck’s maintenance records
Deal With Insurance Companies
- Handle all phone calls and paperwork
- Negotiate for fair payment
- Know when offers are too low
- Protect you from saying the wrong thing
Build Your Case
- Gather medical records
- Calculate your total damages
- Find all responsible parties
- Prepare for trial if needed
How Lawyers Get Paid
Most truck accident lawyers work on “contingency fees.” This means:
- You don’t pay unless you win
- The lawyer takes a percentage of your settlement
- You’re not stuck with big legal bills if you lose
Common Problems And Solutions
When The At-Fault Driver Won’t Cooperate
Every modern auto liability insurance policy has a “duty to cooperate” clause, in which the insured driver has explicitly agreed to cooperate with their insurer’s investigation and defense of a claim. Failure to cooperate may result in an insurance company deciding to deny coverage.
Sometimes the person who caused your accident won’t talk to their insurance company. This can delay your case, but you have options:
- File a claim with your own insurance
- Use uninsured motorist coverage
- Sue the other driver directly
When Insurance Companies Delay
Insurance companies sometimes take forever to make decisions. They might be hoping you’ll give up or accept less money.
Your lawyer can:
- Put pressure on them to act faster
- File a lawsuit to force action
- Use your own insurance while waiting
When Multiple Insurance Companies Are Involved
With truck accidents, you might deal with several insurance companies:
- The truck driver’s personal insurance
- The trucking company’s commercial insurance
- Your own insurance
- Other drivers’ insurance
Each company will try to pay as little as possible. Having a lawyer helps coordinate everything.
Special Situations
Hit And Run Accidents
If the truck driver wasn’t at fault but the real at-fault driver ran away, you can still get help through:
- Your uninsured motorist coverage
- Crime victim compensation programs
- Pursuing the fleeing driver if they’re caught later
Accidents In Construction Zones
Construction zones create special dangers. When accidents happen there, blame might go to:
- The construction company
- The government agency overseeing the work
- Drivers who ignored safety signs
Multi-Vehicle Crashes
Big truck accidents often involve several cars. Figuring out fault gets complicated when:
- One crash causes another
- Several drivers make mistakes
- Weather conditions affect everyone
Each case is different and needs careful investigation.
How To Protect Yourself
At The Accident Scene
Stay Safe
- Move to safety if possible
- Call 911 immediately
- Check if anyone is hurt
Gather Information
- Take photos of all damage
- Get insurance information from all drivers
- Talk to witnesses and get their contact information
- Note weather and road conditions
Be Careful What You Say After a car accident, you might find yourself in shock. During this time, it’s important you don’t admit fault before contacting us.
Don’t say:
- “I’m sorry”
- “It was my fault”
- “I didn’t see you”
Instead, just share basic facts about what happened.
After The Accident
Get Medical Care See a doctor even if you feel fine. Some injuries don’t show up right away. The Mayo Clinic notes that symptoms from car accident injuries like whiplash or concussions can take hours or even days to appear.
Keep Records
- Save all medical bills and receipts
- Keep a diary of your pain and recovery
- Document time missed from work
- Take photos of your injuries as they heal
Report The Accident Tell your insurance company about the crash right away, even if you weren’t at fault.
Working With Insurance Companies
Be Honest But Careful
- Stick to the facts
- Don’t guess or speculate
- Say “I don’t know” if you’re not sure
- Don’t sign anything without reading it
Don’t Accept The First Offer Insurance companies often start with low offers. You can negotiate or have a lawyer do it for you.
Keep Detailed Records Write down:
- Who you talked to and when
- What they said
- What paperwork you sent or received
The Investigation Process
What Investigators Look For
After a truck accident, investigators examine:
The Trucks
- Brake condition
- Tire wear patterns
- Maintenance records
- Electronic logging devices
- GPS data
The Scene
- Skid marks and debris
- Traffic signal timing
- Road conditions
- Weather reports
- Security camera footage
The People
- Driver qualifications and training
- Hours of service records
- Drug and alcohol test results
- Driving history
- Cell phone records
How Long It Takes
Truck accident investigations can take months or even years. Complex cases need time to:
- Gather all evidence
- Interview witnesses
- Consult experts
- Review thousands of documents
- Negotiate settlements
Don’t let anyone pressure you to settle quickly before you know the full extent of your injuries and damages.
Insurance Company Tactics
Common Ways They Try To Pay Less
Questioning Your Injuries
- Claiming you weren’t hurt that badly
- Saying your injuries were pre-existing
- Arguing that you’re faking symptoms
Blaming You
- Finding any way you might have contributed
- Using your words against you
- Claiming you could have avoided the accident
Rushing You
- Making quick, low offers
- Setting artificial deadlines
- Claiming the offer will expire
Delaying
- Taking forever to investigate
- Asking for the same documents repeatedly
- Hoping you’ll get desperate and accept less
How To Respond
Stay patient and don’t let them pressure you. A good lawyer knows these tactics and how to fight them.
When Cases Go To Court
Why Some Cases Need Lawsuits
Most truck accident cases settle without going to trial. But sometimes you need to file a lawsuit when:
- Insurance companies won’t pay fairly
- There’s disagreement about who was at fault
- Your injuries are very serious
- The other side won’t negotiate
What Happens In Court
Filing The Lawsuit Your lawyer files papers with the court explaining what happened and what you want.
Discovery Both sides share evidence and take depositions (recorded interviews under oath).
Negotiations Continue Even after filing suit, both sides keep trying to settle.
Trial If no settlement is reached, a judge or jury decides the case.
How Long It Takes
Truck accident lawsuits can take 1-3 years or longer. Complex cases with serious injuries take more time.
Final Thoughts
When a truck driver wasn’t at fault for your accident, it doesn’t mean you’re out of luck. Someone else likely caused the crash and should pay for your damages. The key is finding out who that is and making sure they take responsibility.
Truck accident cases are complicated. There are often multiple parties involved, large amounts of money at stake, and complex insurance issues to navigate. Don’t try to handle this alone.
If you’ve been hurt in a truck accident in Colorado, the team at CO Trial Lawyers can help. We have experience with complex truck accident cases and know how to find all the responsible parties. We’ll fight to get you the full compensation you deserve while you focus on getting better.
Remember, insurance companies aren’t on your side, even when their driver wasn’t at fault. They want to pay as little as possible. Having an experienced personal injury lawyer on your team levels the playing field.
Don’t wait to get help. Call CO Trial Lawyers today at 303-390-0799 for a free consultation. We’ll review your case, explain your options, and help you understand what happens next. You don’t pay unless we win your case.
Time limits apply to truck accident cases, so don’t delay. The sooner you act, the better we can protect your rights and build a strong case for the compensation you deserve.